• 04.21.22

    Texas Court Finds COVID Message Meets Emergency Purposes Exception

    Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection Act’s consent requirement.

  • 04.21.22

    Robocalls Subject of More FCC Cease and Desist Letters

    Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission issued another three cease and desist letters to voice service providers.

  • 04.13.22

    EEOC Releases New Guidance on Caregivers

    The Equal Employment Opportunity Commission has released new guidance on caregivers, addressing potential issues that could result in discrimination claims against employers based on caregiver responsibilities.

  • 04.13.22

    Seventh Circuit Signs Off on Termination After FMLA Leave

    An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act did not run afoul of the statute when it terminated the employee upon her return, the Seventh Circuit Court of Appeals recently held.

  • 04.13.22

    Supreme Court Considers Intersection of PAGA and Arbitration

    The U.S. Supreme Court considered California’s Private Attorneys General Act recently, debating whether a plaintiff who filed suit under the statute could avoid the mandatory arbitration clause she signed as an employee of a cruise company because she was standing in the shoes of the state ...

  • 04.12.22

    Article Design Limited to Item Recited in Design Patent Claim

    In In re SurgiSil, LLP, the Federal Circuit held that a claimed design is limited to the particular article of manufacture identified in the claim.

  • 03.31.22

    Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

    In an appeal consolidating two Telephone Consumer Protection Act cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing software Txt Live did not meet the statutory definition of an autodialer.

  • 03.31.22

    State Telemarketing Laws Popping Up Around the Country

    Florida’s passage of a Telephone Consumer Protection Act state law analogue appears to have started a trend, with similar bills introduced in Georgia, Oklahoma and Washington.

  • 03.31.22

    Request to Stop Text Messages Trumps Emergency Exception

    A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act, a Florida federal court recently ruled.

  • 03.31.22

    Federal Agencies Maintain Focus on Robocalls

    Both the Federal Communications Commission and the Federal Trade Commission have continued their push to crack down on robocalls in recent weeks, with cease and desist letters, a proposed record-setting fine, and a warning to comply with investigations or face a lawsuit.

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